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2005 Supreme(AP) 312

L.NARASIMHA REDDY
M. A. Mukheed – Appellant
Versus
C. Pandurangam – Respondent


L. NARASIMHA REDDY, J.

( 1 ) THE petitioner is the defendant in O. S. No. 74 of 2002, filed for recovery of certain amount, in the Court of Senior Civil Judge, mahaboobnagar. He was set ex parte, and ultimately, an ex parte decree was passed on 23-1-2003, The petitioner filed I. A. No. 416 of 2003, under Order 9 Rule 13 c. P. C. That petition was ordered, on condition that he shall pay costs of rs. 200/-, on or before 15-6-2004. The petitioner did not comply with that condition. He filed I. A. SR. No. 2026 of 2004, for enlargement of the time for compliance with the condition imposed in I. A. No. 416 of 2003. The trial Court dismissed the I. A. SR. , through its order dated 2-12-2004, on the ground that it is not maintainable.

( 2 ) HEARD the learned counsel for petitioner and the learned counsel for respondent.

( 3 ) WHEN the petitioner committed default in responding to the summons received by him in the suit, an ex parte decree came to be passed. The trial Court has shown indulgence and set aside the ex parte decree, dated 23-1-2003, imposing a condition that he shall pay costs of rs. 200/-, on or before 15-6-2004. The present I. A. is filed for enlargement of the time. The trial





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